Section 12 BNS: Limit of solitary confinement
Bharatiya Nyaya Sanhita, 2023
Section 12 BNS at a Glance
Section 12 BNS deals with limit of solitary confinement. It replaced Section 74 IPC on 1 July 2024.
None. Section 12 BNS creates no offence.
Section 12 BNS Bare Act Text
12. Limit of solitary confinement
In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.
Source: Section 12, Bharatiya Nyaya Sanhita, 2023
Section 12 BNS in Simple Words
Section 12 of the Bharatiya Nyaya Sanhita (BNS) does not create a separate offence. It places strict limits on how a sentence of solitary confinement is executed. In carrying out solitary confinement, a prisoner cannot be kept in solitary confinement for more than fourteen days at a time, and there must be intervals between spells of solitary confinement that are at least as long as the spells themselves.
Where the total imprisonment awarded exceeds three months, there is a further limit: solitary confinement cannot exceed seven days in any one month of the whole imprisonment awarded, again with intervals between spells of not less duration than those spells. This protects a convicted person from continuous or prolonged isolation while the sentence is being carried out.
For a prisoner, this section matters because it prevents long or back-to-back spells of solitary confinement beyond what the Sanhita allows. For lawyers, it is relevant when checking whether prison authorities are executing a sentence of solitary confinement within the statutory limits.
Ingredients of Section 12 BNS
- A sentence of solitary confinement is being executed
- The confinement does not exceed fourteen days at a time
- The intervals between the periods of solitary confinement are not of less duration than the periods
- Where the imprisonment awarded exceeds three months, the confinement does not exceed seven days in any one month of the whole imprisonment
Punishment Under Section 12 BNS
None. Section 12 BNS creates no offence.
None.
Section 12 BNS is a limit on carrying out solitary confinement. It has no entry in the First Schedule to the BNSS.
Example of Section 12 BNS
When Section 12 BNS Does Not Apply
- No sentence of solitary confinement is being executed
- The imprisonment awarded does not exceed three months, so the seven day monthly limit does not apply
Section 12 BNS in the IPC (Previous Law)
Section 12 BNS replaces Section 74 IPC from the old criminal code.
Section 12 BNS keeps both limits in the same words.
View IPC Section 74 →FAQs on Section 12 BNS
Does Section 12 BNS punish a person for an offence?▼
No. It does not create any offence and does not prescribe imprisonment or fine on its own. It sets the legal limits for executing a sentence of solitary confinement.
Who uses Section 12 BNS in real cases?▼
It governs prison authorities when carrying out a sentence of solitary confinement, and is used by courts and lawyers to check that solitary confinement is executed within the statutory limits.
Can a court order long solitary confinement under Section 12 BNS?▼
No. Under Section 12 BNS, in executing a sentence of solitary confinement, it cannot exceed fourteen days at a time, and when the total imprisonment awarded exceeds three months, it cannot exceed seven days in any one month, with intervals between periods at least as long as the periods themselves.
Is Section 12 BNS still relevant after the BNS came into force?▼
Yes. Section 12 BNS is in force under the Bharatiya Nyaya Sanhita, 2023 and sets the limits on how a sentence of solitary confinement may be executed.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·